The question of inheritance rights of adopted children becomes quite significant in the contemporary society particularly in cases of disagreement over inherited property. The following are common questions about adopted children and their rights in the adopted family and whether they can enjoy the rights in coparcenary or ancestral property: They have significant implications in succession planning, family property disputes and the legal position of adopted children.

The significance of this issue rests in its having to do with the interconnections of the law of adoption and the rules concerning the inheritance of items. It also gets us to consider that it is fair to treat adopted children differently from the children who are born into the family, even after the adoption process is complete.

LEGAL ISSUES INVOLVED

The following legal issues arise from the proposition:

1. Whether an adopted child acquires the same legal status as a natural-born child in the adoptive family.
2. Whether an adopted child can inherit ancestral property belonging to the adoptive family.

APPLICABLE LAWS

A. HINDU ADOPTIONS AND MAINTENANCE ACT, 1956

The main legislation that regulates adoption among the Hindus is the Hindu Adoptions and Maintenance Act, 1956.² The most relevant provision is Section 12 which outlines the legal effects of adoption.³

Section 12 states that from the date of adoption, an adopted child shall be considered a child of the adoptive parents, as if he or she had been born through marriage to those adoptive parents.

The provision also provides for the severance of such relationship between the child and the biological family and the establishment of a new relationship with the adoptive family (with some exceptions foreseen in the Act).

The use of the word “for all purposes” is very important as reflecting legislative intent to put the adopted child in a position that is equivalent to the natural-born child.

B. HINDU SUCCESSION ACT, 1956

Among Hindus, their inheritance and succession is governed by the Hindu Succession Act, 1956.⁴ The Act governs the distribution of property to heirs and grants children rights in family property.

The Hindu Succession (Amendment) Act, 2005 further reinforced the doctrine of equality by giving the daughters the same coparcenary rights as the sons.⁵ The Act does not make any specific mention of adopted children in relation to ancestral property, but the equal treatment given to children in Hindu law suggests that there should be no discrimination against adopted children in case of ancestral property.

C. CONCEPT OF ANCESTRAL PROPERTY

The general term used for property that is inherited up to four generations of male descent and where coparceners have an interest in the property from birth is ancestral property. Such adopted child acquiring rights in it requires a harmonious interpretation of HAMA and HMA.

JUDICIAL ANALYSIS

SAWAN RAM V. KALAWANTI

Hindu law adopted and its legal implications were discussed in Sawan Ram v. Kalawanti.⁶ The Court noted that when a child is properly adopted, it becomes part of the adoptive family, being completely transplanted. As a result of the adoption the adopted child becomes a part of the adoptive family and gains rights and responsibilities as a member of that family.

The decision is important because it affirms that adoption creates a legal connection that is comparable to a natural parent and child. The Court made clear that the law of adoption imposes a legal fiction which must be respected. Thus, the rights of inheritance which accrue to a member of the adoptive family may not be denied to the adopted child, in general.

BHANWAR SINGH V. PURAN (2008)

The Supreme Court in Bhanwar Singh v. Puran again highlighted that the conditions of a valid adoption shall be duly fulfilled.⁷ The proof of adoption case was the main issue but the Court again stated that once an adoption has been completed in accordance with the law, all rights that arise from the adoptions are transferred to the adopted child.

The ruling shows that if the adoption is not a valid one, then the children cannot inherit from their adoptive parents. Adopted children are typically treated in the same way as natural children by the courts upon establishment of a valid adoption.

ANALYSIS

The judicial approach always has been to accord maximum recognition of the legal reality of adoption. Section 12 has been interpreted in a very liberal way, and generally courts have taken the view that adopted children are part of the adoptive family.⁸ Meanwhile, courts have determined that adoption cannot impinge upon rights which may have accrued in connection with conduct which took place before adoption.

REASONED LEGAL OPINION

In my view, a child who is validly adopted should have the same right of inheritance of ancestral property as a natural-born child. It is based on the wording of Section 12 of HAMA, which specifically states that the adopted child shall be considered the child of the adoptive parents for all purposes.⁹

A contrary interpretation would be contrary to the very purpose of an adoption. To deny such a child the same inheritance rights as available to the biological children would seem to be without justification when the adopted child is treated as a member of the adoptive family for personal, social and legal purposes.

Also, the modern concept of law has a focus on equality and non-discrimination. If adopted children are treated differently in succession, there will be a false distinction, which would be contrary to the goals of adoption law. The rights of adopted children, however, should be subject to statutory restrictions and should not affect vested rights and completed transactions before the adoption.

Hence, the stronger argument is that the rights of a validly adopted child to inheritance in the ancestral property are the same as those of a natural-born child, with certain statutory exceptions.

CONCLUSION

The rights of adopted children as members of the adoptive family to inherit from the ancestral property of their adoptive parents are well entrenched in Hindu law. Section 12 of the Hindu Adoptions and Maintenance Act, 1956 establishes a legal fiction that puts the adopted child in the same status as a natural-born child in the family.¹⁰ This principle has been consistently affirmed in judicial decisions, and the complete integration of the adopted child with the adoptive family has been emphasized.

The cumulative impact of HAMA and the Hindu Succession Act indicates that in general, an adopted child can claim inheritance rights in ancestral property, with some exceptions and safeguarding of vested rights. This interpretation is consistent with fairness, certainty, and the underlying purpose of an adoption to provide a “real and substantial” connection between the adopted child and the adoptive parents.